S T A T E O F N E W Y O R K
________________________________________________________________________
4000
2021-2022 Regular Sessions
I N S E N A T E
February 1, 2021
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to prescribing insulin
and related supplies; and to repeal certain provisions of the public
health law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 279-a and 279-b of the public health law, as added
by a chapter of the laws of 2020 amending the public health law relating
to drug assistance demonstration and emergency prescriptions, as
proposed in legislative bills numbers S.6492-B and A.8533-B, are
REPEALED.
§ 2. Insulin workgroup. 1. The commissioner of health, in consultation
with the superintendent of the department of financial services, shall
convene a group of experts, including persons who are insulin dependent,
to explore options to increase access to insulin for residents of the
state with diabetes who are without health coverage, or who are ineligi-
ble for Medicaid or other publicly funded health coverage. No later than
December 31, 2021, such commissioner shall submit a report to the gover-
nor, the temporary president of the senate, the speaker of the assembly,
and the chairs of the senate and assembly health committees. The report
shall identify:
a. Options for enrolling uninsured eligible individuals into health
coverage which provide comprehensive coverage for persons with diabetes;
b. Barriers in access to information regarding costs within the insu-
lin supply chain;
c. Actions that could be undertaken by the state to hold manufacturers
accountable for price increases and transparency in drug pricing;
d. Options for increasing affordability and access to insulin for
uninsured and underinsured individuals; and uninsured and underinsured
individuals; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09353-01-1
S. 4000 2
e. Opportunities to engage with insulin pharmaceutical manufacturers
for a public/private partnership to provide affordable insulin drugs to
those lacking access to such drugs.
2. Analysis of these options in the report shall address:
a. Potential costs to individuals;
b. Potential fiscal impact to the state; and
c. Opportunities for federal financial participation.
3. Such report shall be posted on the department of health's website.
§ 3. Section 6801 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT-SPECIFIC REGIMEN OF
INSULIN AND RELATED SUPPLIES TO AN INDIVIDUAL WHO HAS A VALID
PRESCRIPTION FOR INSULIN AND RELATED SUPPLIES WHICH HAS SINCE EXPIRED
WITHIN THE LAST TWELVE MONTHS. THE VALID PRESCRIPTION MUST HAVE BEEN
PRESCRIBED OR ORDERED BY A PHYSICIAN LICENSED IN THIS STATE OR NURSE
PRACTITIONER CERTIFIED IN THIS STATE. EXECUTION OF A NON-PATIENT-SPECIF-
IC REGIMEN SHALL BE ON AN EMERGENCY BASIS PROVIDED THE PHARMACIST:
(A) FIRST ATTEMPTS TO OBTAIN AN AUTHORIZATION FROM THE PRESCRIBER OF
THE PATIENT-SPECIFIC PRESCRIPTION AND CANNOT OBTAIN THE AUTHORIZATION,
AND THE PRESCRIBER DOES NOT OBJECT TO DISPENSING TO THE PATIENT UNDER
THE NON-PATIENT-SPECIFIC REGIMEN;
(B) PROVIDES A REFILL OF THE PATIENT-SPECIFIC PRESCRIPTION AND THE
QUANTITY OF THAT REFILL IS IN CONFORMITY WITH THE DIRECTIONS FOR USE
UNDER THE PATIENT-SPECIFIC PRESCRIPTION, BUT LIMITED TO AN AMOUNT NOT TO
EXCEED A THIRTY-DAY EMERGENCY SUPPLY; AND
(C) NOTIFIES, WITHIN SEVENTY-TWO HOURS OF DISPENSING THE REFILL OR
REFILLS, THE PRESCRIBER OF THE PATIENT-SPECIFIC PRESCRIPTION WHOSE
AUTHORIZATION COULD NOT BE OBTAINED, THAT AN EMERGENCY PRESCRIPTION OF
INSULIN HAS BEEN DISPENSED.
§ 4. Section 6909 of the education law is amended by adding a new
subdivision 10 to read as follows:
10. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED
SUPPLIES PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE.
§ 5. Section 6527 of the education law is amended by adding a new
subdivision 10 to read as follows:
10. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
IC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE.
§ 6. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the public health law
relating to drug assistance demonstration and emergency prescriptions,
as proposed in legislative bills numbers S.6492-B and A.8533-B, takes
effect; provided, however, that the amendments made to section 6801 of
the education law by section three of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.
Effective immediately, the commissioner of education shall make any rule
or regulation necessary for the implementation of sections three, four,
and five of this act on or before such effective date.
Where may I read the insulin workgroup report? Thank you!